A federal court in May issued a preliminary injunction against the Encinitas Union School District in California, which violated parents’ right to receive notice about “transgender” indoctrination and the choice to opt out their children.
The school district appealed the decision to the U.S. Court of Appeals for the Ninth Circuit. First Liberty Institute announced earlier this week that the Encinitas Union School District has dismissed the appeal. The injunction remains in place.
The school district apparently decided they would lose in the Ninth Circuit. They must have been thinking about the U.S. Supreme Court’s decision in Mahmoud v. Taylor (2025). The court ruled that Montgomery County Public Schools violated parents’ right to opt their children out of homosexual “transgender” indoctrination under the First Amendment’s Free Exercise Clause.
A coalition of Christian, Jewish, and Muslim families in Mahmoud did not want their children, including those in pre-Kindergarten, to listen to a teacher read books about homosexual “pride.”
Parents faced a similar problem with the Encinitas Union School District. As First Liberty noted, a fifth-grade teacher at La Costa Heights Elementary School exposed children to a “transgender” story about a boy who sees his shadow as pink, meaning that his “inner-most you” is a girl.
“We are glad that the school district saw the writing on the wall and withdrew their appeal in light of Supreme Court precedent and the District’s preliminary injunction loss,” said Kayla Toney, First Liberty counsel. “We’re committed to ensuring that children aren’t forced to speak a message that violates their convictions, and that parents aren’t afraid to exercise their First and Fourteenth Amendment rights by requesting opt-outs.”
There should be a Video Camera in every ‘Pre-K through 12’ Classroom that can be accessed by Parents.